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(영문) 광주지방법원 2018.10.30 2017가단25036
소유권이전등기 등
Text

1. The defendant received KRW 58,000,000 from the plaintiff at the same time, and simultaneously received from the plaintiff

(a) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The building in Gwangju Northern-gu C and D consists of Edong and Fdong, and the two columns of the first floor of 6, 7Ra on July 24, 2014 were destroyed (hereinafter “instant safety accident”). The precise safety diagnosis was conducted on July 24, 2014.

As a result, in both E-dong and F-dong, the problems such as “explosive exposure to steel, corrosion, concrete stuff, rupture of underground floor outer walls, and the hallway of the entire building to the corridor” have been discovered, and “safety grade E (the condition that the use of facilities should be prohibited, i.e., due to serious defects that occur in major absence, and reinforcement or reconstruction should be performed)” was received, and resident evacuation order was issued to F-dong.

B. After the instant accident occurred, the Plaintiff: (a) obtained authorization from the head of Gwangju Northern District on May 16, 2017 under the Act on the Maintenance and Improvement of Urban Areas and Residential Environments for the establishment of a housing reconstruction project for a housing reconstruction project of a building A (hereinafter “instant reconstruction project”); and (b) completed establishment registration on May 25, 201; and (c) the Defendant is the owner of the real estate listed in the attached list of the said improvement project zone (hereinafter “instant real estate”).

C. On June 14, 2017, the Plaintiff asked the Defendant whether or not the Plaintiff consented to the establishment of the Plaintiff’s association, and on the other hand, the Plaintiff becomes a person subject to a claim for sale where he/she does not consent to the establishment of the association within two months from the date of receipt of the official document, and the Plaintiff sent an official document to the effect that he/she would exercise the claim for sale pursuant to Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”). The Defendant

On September 26, 2017, the Plaintiff filed the instant lawsuit and claims for the sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas.

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